Siva (Lead) 10 May 2015

This marriage can be voidable?

Marriage was solemnised to a girl at the age of 16 with the groom age difference of 11 yerss in the year 1999. She gave to birth a girl age of 11 and a boy age 9. But she was not able contiune matrimonial life. So she decided to leave the husband home 1 year back. She has been staying away from her husband and her parents. Nobody searched the girl so far including her parant. she wants to get rid of past life.

Since amrriage held at the age of 16. Will it be proved as voidable marriage?

As she gave birth to children, Will it be proved as valid marriage?

What is the procedure to get rid of the problem and do the remarriage.

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6 Replies

saravanan s (legal advisor) 10 May 2015

the girl can petition the court for dissolution of marriage if the marriage had been done before the girl had attained the age of 15 years but this has to e done before she reaches 18 years

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 May 2015

marriage can not be declare as null & void after the long period.

filing divorce petition is only option to get rid of this relationship

SAINATH DEVALLA (LEGAL CONSULTANT) 11 May 2015

I dispute the reply of Raj,after such a long time it is difficult to declare it null and void and that too after 2 children.The reply of Saravanan adds substance to the query.Hence if the marriage cannot be patched up amicably better go for MCD ,or file a divorce citing valid reasons.

Arnab Banerji (Mob:- 92-3001-3001 CIVIL & CRIMINAL ADVOCATE civilandcriminaladvocate@gmail.com) 16 July 2015

Since she led a conjugal life and had children irrespective of the age what so ever, and if this situation is still continuing and she is over 18 now then it will be deemed that the marriage is done(necessary legal proceedings to be done also). It is best if she files 498A followed by divorce and get her divorce through Ld.Court, she can re-marry safely. Else if her-forced husband is willing both can file mutual divorce. After obtaining decree she can marry.

I walk alone (Asst Manager) 20 August 2015

Dear Ld. Advocate Mr. Banerjee

With due resepct to your profession, are you reffering to filing 498A is the best option? when the wife is not ready to cohibit and wants to forget the past & move on in life??

What is that offence the husband had done to get a 498-A?? Has the husband done any offence which amounts the to have the wife injured or may be comminting suiside or may be any unlawful demand as such?? Is there any?

if not, then pls do not mis-guide the members....!

Yes I agree with you, sit & talk for MCD with Alimony of the children and for her (if she is not well-qualified to get a job to maintain herself)

FREDYCHARLES RK - Bangalore (Advocate) 20 August 2015

Hi Siva,

Leaving the 498a apart,...... the girl may need some good counselling ...From a simple math her age shoudl be more than 27 years with a 11 year old angel. Why is she contemplating a inflamamatory act of remarriage and make life a curse for the children.?.......Can she not continue the way as it is or make some arrangement with her husband?.